'.
 

•
 

DEPARTMENT OF HEALTH AND WELFARE
 

RULES AND REGULATIONS
 

ENVIRONMENT
 

TITLE I
 

CHAPTERS 1 THROUGH 8
 

•
 
•• 

TITLE 1
 

Chapter 5
 

RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE
 

• TABLE OF CONTENTS
 

01.5000 LEGAL AUTHORITY ­

01.5001	 TITLE
 

01.5002, INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS
 

01.5002,01. Exceptions
 

01.5002,02. Availability of Referenced Material
 

01.5003, DEFINITIONS
 

01.5003,01. Act
 

01.5003,02. Board
 

01.5003,03. Department
 

01.5003,04. Director
 

01.5003,05. Environmental Protection Agency (E.P.A.)
 

01.5003,06. HWMA
 

01.5003,07. IDAPA
 

01.5003,08. Regional Administrator
 

01. 5003,09. TSD
 

01.5003,10. United States
 

01.5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM
 

•
 01.5005 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
 

01.5006,	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.
 

01.5006,01.	 Pretraniport Requirements for Generators
 

of More Than 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5006,02.	 Pretransport Requirements for Generators
 

of 100 to 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5007	 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE co
 

co TREATMENT, STORAGE AND DISPOSAL FACILITIES	 0">

- 01.5009	 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL
 

FACILITIES
 

01.5010,	 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES
 

01.5011	 LAND DISPOSAL RESTRICTIONS
 

01.5012	 HAZARDOUS WASTE PERMIT PROGRAM
 

01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES
 

FOR RCRA OR HWMA PERMIT APPLICATIONS
 
HAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS
 

01.5014 INTERIM STATUS SURFACE IMPOUNDMENTS
 

01.5015 -- 01.5355 (RESERVED)
 

01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES
 G 

01.5356,01. Application Contents and Standard of
 

Review
 

01.5356,02. Public Hearings
 

01.5356,03. Public Information
 

01.5356,04. Director's Decision
 

01.5356,05. Applicant to Bear Costs
 

01.5357 -- 01.5499 (RESERVED)
 

01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS
 

01.5500,01. Transporting
 

01.5500,02. Director's Conditions
 

01.5501 -- 01.5749 (RESERVED)'
 

01.5750, PUBLIC AND CONFIDENTIAL RECORDS
 

01.5750,01. Public Disclosure
 

01.5750,02. General Scope of Records
 

01.5750,03. Records Exempt from Disclosure
 

01.5750,04. Request Procedure and Appeals
 

01.5750,05. Fees
 

01.5750,06. Interagency and Intra-agency Disclosures
 

01.5751 ~- 01.5799 (RESERVED)
 

01.5800, INSPECTION PLAN
 

01.5800,01. Frequency Levels
 

01.5801-- 01.5849 (RESERVED)
 

01.5850, ILLEGAL ACTIONS
 

01.5850,01. False Statements or Representations
 

01.5850,02. Failure to Comply With These Rules,
 

The HWMA, or Other Requirements
 

01.5851 01.5899 (RESERVED)
 

-01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS
 

01.5901 -- 01.5997 (RESERVED)
 

01.5998 INCLUSIVE GENDER AND NUMBER
 

01.5999 SEVERABILITY
 

c 
TITLE 1
 

Chapter 5
 

RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE
 

•	 .. 01.5000	 LEGAL AUTHORITY. These regulations are adopted pursuant 

to the authority vested in the Board of Health and We1­

fare by the Hazardous Waste Management Act of 1983 

(HWMA) , Sections 39-4401 et seq., Idaho Code. (6-10-88) 

01.5001	 TITLE. These re~ulations shall be known as Idaho Department of Health and Welfare Rules and Regulations, Title 

1, Chapter 5, "Rules, Regulations and Standards for Hazardous Waste." (6-10-88) 

01.5002,	 INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any 

reference in these rules to requirements, procedures, or 

specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260-266, 268 and 270, 

shall constitute the full adoption by reference of that 

part and subpart as it appears in 40 CFR" revised as of 

July I, 1987, including any notes and appendices . therein, unless expressly provided otherwise in these 

rules. A numeric list of those subparts can be found in 

Appendix A. (6-10-88) 

• 

01. Exceptions. Nothing in 40 CFR Parts 260 - 266,268, 

270 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe 

Drinking Water Act, the Dredge or Fill. Program 

under Section 404 of the Clean Water Act, the 

National Pollution Discharge Elimination System 

(NPDES) under the Clean Water Act or Prevention of 

Significant Deterioration Program (PSD) under the 

Clean Air Act is adopted or included by reference 

herein.	 (6-10-88) 

02.	 Availability of Referenced Material. Copies of the 

federal regulations adopted by reference 

throughtout these rules are available in the following locations: (6-10-88) 

a.	 Superintendent of Documents, U.S. Government 

Printing	 Office, Washiungton, D.C. 20402: and 

(6-10-88) 

b.	 Administrative Procedure Section, Idaho 

Department of Health and Welfare Central 

Office, 450 W. State Street, Boise, Idaho 

83720; and (6-10-88) 

c.	 All Regional Offices of the Idaho Department 

of Health and Welfare, as follows: (6-10-88) 

• 

i. Region 1,1120 Ironwood Drive, Coeur 

d'Alene, Idaho 83814 • (6-10-88) 

ii. Region II, P.O. Drawer B,	 Lewiston, 
P-AZARDOUS WASTE	 IDAPA l6.01.5002,02.c.ii. 

Idaho 83501.	 (6-10-88) 

iii.	 Region III, P.O. Box 1219, Caldwell, 

Idaho 83606-1219. (6-10-88) o 

iv.	 Region IV, 1105 South Orchard, StatehouseMail.Boise.	 Idaho 83720. 

(6-10-88) 

v.	 Region V, P.O. Box 1509, Twin Falls, 

Idaho 83303-1509. (6-10-88) 

vi.	 Region VI, P.O. Box 4166, Pocatello, 

Idaho 83205-4166. (6-10-88) 

vii.	 Region VII, 150 Shoup Avenue, Idaho 

Falls, Idaho 83405. (6-10-88) 

d.	 Those libraries listed in Section 67-5205, 

Idaho Code. (6-10-88) II
 

\;
 

01.5003,	 DEFINITIONS. For the purpose of these rules and any 

materials incorporated herein by reference, the following definitions apply unless their application would be 

inconsistent with the Idaho Hazardous Waste Management 

Act, or unless these regulations expressly provide for 

different definitions. (6-10-88) 

01.	 Act. The Hazardous Waste Management Act of 1983, 

Section 39-4401 et seq., Idaho Code. (6-10,..88) 

02.	 Board. The Idaho Board of Health and Welfare. 

(6-10-88) 

03.	 Department. The Idaho Department of Health and Welfare. (6-10-88) 

04.	 Director. The Director of the Idaho Department of 

Health and Welfare. (6-10-88) 

05.	 Environmental Protection Agency (E.P.A.). The Idaho 

Department of Health and Welfare. (6-10-88) 

06.	 HWMA. The Hazardous Waste Management Act. (6-10-88) 

07.	 IDAPA. Idaho Administrative Procedures Act, Chapter 

52, Title 67, Idaho Code. (6-10-88) 

08.	 Regional Administrator. The Director of the Idaho 

Department of Health and Welfare. (6-10-88) 

09.	 TSD. Treatment, storage or disposal. (6-10-88) 

10. United States. The State	 of Idaho. (6-10-88) 

o
 

c 
HAZARDOUS WASTE	 IDAPA 16.01.5004
 

01.5004 HAZARDOUS WASTE MANAGEMENT" SYSTEM. 40 CFR Part 260 and • all subparts are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1, 1987.(6-10-88) 

01.5005	 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR 

Part 261 and all subparts are herein incorporated by 

reference as provided in 40 CFR, revised as of July 1, 

1987. (6-10~88)

01.5006,	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

40 CFR Part 262 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987, as amended by Volume 52, Federal Register 25760 

(July 8~ 1987). (6-10-88) 

• 

01. Pretransport Requirements jor Generators of More 

Than 1,000 Kilograms of Hazardous Waste Per Month. 

Emergency notification to the state by generators 

of more than one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 

265.56(d)(2) (see 40 CFR 262.34(a)(4», the emergency coordinator must also immediately notify the 

State Communications Center by telephone, 1~800-632-8000, to file an identical report. 

(6-10-88) 

02.	 Pretransport Reguirements for Generators of 100 to 

1,000 Kilograms of Hazardous Waste Per Month. Emergency notification to the state by generators of 

one hundred (100) to one thousand (1,000) kilograms 

of hazardous waste per month. In addition to the 

emergency notification required by 40 CFR, Part 

262.34(d)(5)(iv)(c), the emergency coordinator must 

also immediately notify the State Communications 

Center by telephone, 1-800-632-8000, to file an 

identical report. (6-10-88) 

01.5007	 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 

40 CFR Part 263 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987. (6-10-88) 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 

264 and all subparts (excluding 40 CFR, Parts 264.149 

and 264.150) are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1,. 1987, as 

amended by Volume 52, Federal Register 25760 (July 8, 

1987). (6-10~88)

• 01.5009 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all subparts (excluding 

Subpart Rand 40 CFR Parts 265.149 and 265~150) are 
HAZARDOUS WASTE	 IDAPA 16.01.5009 

/	 herein incorporated by reference as provided in 40 CFR, 

revised as of July 1, 1987, as amended by volume 52 Federal Register 25760 (July 8, 1987). (6-10-88) 

01.5010, STANDARDS FOR .THE MANAGEMENT OF SPECIFIC HAZARDOUS o

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 

40 CFR Part 266 and all subparts 

by reference as provided in 40 

1, 1987, except: 

01. Subpart A: and 

02. Subpart B. 

are herein incorporated 

CFR, revised as of July 

(6-10~88)'

(6-10-88) 

(6-10~88)

01.5011	 LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all 

subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended 

by Volume 52~ Federal Register 25760 (July 8, 1987). 

How~ver, the requirements of Sections 39-4403(14) and 

39-4423, Idaho Code, shall be applied in all cases where 

these requirements are more stringent than the federal 

standards. (6-10-88) 

01.5012 HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all 

subparts· are .herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended 

by Volume 52, Federal Register 25760 (July 8, 1987). 

(6-10-88) 

01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR 

. RCRA OR HWMA PERMIT APPLICATIONS. 40 CFR Part 124, 

Subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88) 

01.5014	 INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with 

Section 3005(j) of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6925 (j» which is herein 

incorporated by reference, surface impoundments in existence on November 8, 1984, and qualifying for interim 

status shall not receive, store or treat hazardous waste 

after November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an Q 

exemption. Copies of the federal statute herein incorporated by reference are available in the locations prov~ded in Section 01. 5002,02. of these rules. Standards 

applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as requirements of Section 3004(0) (42 U.S.C. 6924(0» appear in federal regulations as 40 CFR Sections 264.221-231 and 265.221-230 

and are incorporated as provided in Sections 01.5008 and 

01.5009 of these rules. (1-1-89) 

01.5015 -- 01!5355 (RESERVED) 

01.5356,	 VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES o 
HAZARDOUS WASTE	 IDAPA 16.01.5356,01.
 

• 01. Application Contents and Standard of Review. Applications for variances shall be submitted in triplicate and shall contain such detailed plans, specifications, and information regarding objectives, 

procedures, controls, and other pertinent data as 

the Director may require. A variance shall not 

exceed one (1) year in duration. The Director may 

grant a variance only if the applicant demonstrates 

to the Director's satisfaction that construction 

and operation of the TSD facility or site in the 

manner allowed by the variance and any term or ·condition imposed as part of the variance: (6-10-88) 

a.	 Is required to avert unnecessary and significant hardship; (6-10-88) 

b.	 Is not inconsistent with EPA requirements; and 

•
 

u 

w 

o 

•
 
HAZARDOUS WASTE IDAPA 16.01.5356,Ol.b. 

(6-10-88) 

c. Will not create a nuisance or a hazard to the 

public health, safety or the environment. o 

(6-10-88) 

02.	 Public Hearings. The Director may hold a public
 

hearing on an initial application for a varIance
 

and shall hold a public hearing on any applicatio~
 

to renew or extend a variance. The pUblic hearing
 

shall be held at a location in the county where the
 

operations that are the subject of the application
 

for the variance are conducted unless the Director
 

determines that a different location would be more
 

appropriate and convenient for interested members
 

of the public. The Director shall give at least
 

twenty (20) days' notice of the hearing to the
 

applicant by certified mail and shall cause at
 

least one (1) publication of notice in a newspaper
 

with general circulation in either the county where
 

the operation is conducted or the county where the
 

hearing is to be held. The Director shall cause to
 

be made a complete record of the testimony and the
 

evidence submitted at the hearing. (6-10-88)
 

-03. Public Information. All information submitted as 

part of a variance application shall be treated as 

public information and shall not be subject to any 

claim of confidentiality. The Director shall make 

the application available for pUblic inspection at 

the	 Department's central office and at the appropriate local field office of the Department's Division	 of Environment. The Director shall make available	 for public inspection at the Department's central	 office and at all local field offices of the 

Department's Division of Environment a current list 

of pending applications for variances and a current 

schedule of pending variance hearings.. (6-10-88) 

04.	 Director's Decision. No variance shall be issued or
 

denied until the Director has considered the rela­


tive interests of the applicant, other persons and
 

property affected by the variance and the pUblic.
 

Any variance granted pursuant to this section shall
 

be for a period specified by the Director. No vari­


ance shall be issued or denied without a written
 

order stating the findings upon which the decision
 

is based. (6-10-88)
 

05.	 Applicant to Bear Costs. The cost of public notice,
 

recording and transcribing of testimony and hearing
 

facilities shall be borne by the applicant, regard­


less of whether or not a variance is issued.
 

(6-10-88) ·0 
HAZARDOUS WASTE IDAPA 16.01.5357 

01.5357 -- 01.5499 (RESERVED) 

4It 01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS
 

01.	 Transporting. Any person transporting a quantity of 

hazardous waste which requires a manifest shall, to 

the extent possible: (6-10-88) 

a.	 Use state and interstate highways; and 

(6-10-88) 

b.	 Avoid municipalities and population centers, 

even when doing so may add miles to the distance traveled. (6-10-88) 

02.	 Director's Conditions. The Director may, upon a 

finding that a shipment or shipments of hazardous 

waste constitutes a greater than normal risk to the 

public health, safety or environment, prescribe by 

order particular conditions for that shipment or 

shipments including but not limited to special 

placarding, pilot vehicles, routing restrictions, 

parking restrictions and timing restrictions. 

(6-10-88) 

01~5501 -- 01.5749 (RESERVED) 

01.5750, PUBLIC AND CONFIDENTIAL RECORDS 4It 

01.	 Public Disclosure. Records obtained by the Department or submitted to the Department pursuant to 

HWMA or these regulations shall be available to the 

public for inspection and copying upon request 

unless exempted from disclosure as provided by 

these regulations. (6-10-88) 

02.	 General Scope of Records. "Records" mean any document, writing,. photograph, sound or magnetic 

recording, drawing, or similar thing by which 

information has been preserved, from which information can be retrieved and copied, and which is in 

the possession of the Department. The term does not 

include: (6-10-88) 

a.	 Materials legally owned by a Department 

employee in his or her purely personal capacitYi or (6-10-88) 

b.	 Materials published by non-Department organizations which are readily available to the 

public, such as books, journals, and periodicals available through reference libraries, 

even if such materials are in the possession 

of the Departmenti or (6-10-88) 4It 
HAZARDOUS WASTE	 IDAPA l6.0l.5750,02.c. 

c.	 Compilations of material from existing
 records. (6-10-88)
 

03.	 Records Exempt from Disclosure o

a. Confidential business records. The Director 

may certify records as confidential upon a 

request demonstrating, to the Director's satisfaction, that public availability of specific records would divulge methods, processes, or activities constituting trade secrets. 

,Failure to request confidentiality or make the 

required showing at the time the record is 

obtained or submitted shall subject the record 

to public disclosure requests without notice. 

(6-10-88) 

i. Any business seeking confidentiality of 

records submitted to the Department, 

shall submit the records in a sealed . envelope marked "CONFIDENTI~L" along 

\ 

with a request for confidentiality. Any 

business seeking confidentiality. of 

records not submitted by the business, 

but obtained by the Department through 

inspection or other means, shall submit 

a request for confidentiality within 

twenty (20) working days from the date 

the record was obtained. A request for 

confidentiality shall be in writing and o 

include the following: (6-10-88) 

(a) Identification of all information 

in the recbrd claimed a& confidentialin a manner which clearly 

distinguishes such information 

from other information for which 

no claim is made; and (6-10-88) 

(b) An affidavit stating how and why 

disclosure of the record would 

divulge trade secrets) including a 

showing that the business has 

taken and will maintain reasonable 

measures 

tion; the 

to protect the informainformation is not reasonably available by legitimate 

nonjudicial means to persons other 

than the government without consent of the business; and, disclosure of the information is likely 

to substantially harm the competitive position of the business. 

(6-10-88) ·0 
HAZARDOUS WASTE	 IDAPA l6.0l.5750,03.a.ii. 

• 

ii. The Director shall, within twenty (20) 

woiking days after receiving the 

request, accept or reject any request 

for confidentiality.	 (6-10-88) 

(a)	 When the request is satisfactory 

to the Director, in whole or part, 

the record or relevant ~art shall" 

be certified by the Director as 

confidential and is exempt from 

disclosure to the public. The person requesting confidentiality 

shall be promptly notified. 

(6-10-88) 

• 

(b) When the request is not satisfactory to the Director, in whole or 

in part, the person requesting 

confidentiality shall be promptly 

notified of that decision and 

given at least ten (10) working 

days to supplement the request or 

limit the scope of records to 

which the request pertains. If the 

supplement is not submitted within 

the time period allowed or is 

unsatisfactory to the Director, 

the Director shall promptly notify 

the person of that determination 

and provide twenty (20) working 

days in which to file an appeal. 

If written appeal to 'the Director 

is not filed within the twenty 

(20) day period, or the Director 

denies the request for confidentiality after a hearing on the 

appeal, the record shall be subject to pUblic disclosure. The 

Director's action on the appeal 

constitutes final agency action 

for purposes of judicial review 

under the Administrative Procedures Act. (6~10-88)

b.	 Confidential department records. The Director 

may decline disclosure of a record, or part 

thereof, if the record contains or its disclosure would reveal matters that are: (6-10-88) 

i.	 Specifically exempt from disclosure by 

• 

Idaho statute or regulations; or 

(6-10-88) 

i i	 . Interagency or intra-agency memoranda 

or letters which would not be available 
HAZARDOUS WASTE IDAPA 16.01.5750,03.b.ii. 

by law to a party other than an agency 

in litigation with the _Department; or 

(6-10-88) 0 

iii.	 Investigatory records compiled for 

enforcement purposes, but only to the 

extent that disclosure of such records 

would: (6-10-88) 

(a)	 Interfere with enforcement proceedings; or (6-10-88) 

(b)	 Deprive a person of a right to a 

fair trial or an impartial adjudication; or (6-10-88) 

(c)	 Constitute an unwarranted invasion 

of personal privacy: or (6-10-88) 

(d)	 Disclose the identity of a confidential source: or (6-10-88) 

(e)	 Disclose investigative techniques 

and procedures: or (6-10-88) 

(f)	 Endanger the life or physical 

safety	 of enforcement personnel. 

(6-10-88) 

04.	 Request Procedure and Appeals o

a.	 Record requests. Record requests shall be 

made in writing describing the record sought 

in a manner which reasonably allows identification and location of the record. The request 

shall be addressed to the Bureau of Hazardous 

Materials, Division of Environment, Department 

of Health and Welfare, 450 West State Street, 

3rd Floor, Towers Building, Boise, Idaho 

83720. (6-10-88) 

i.	 Any request for records which are prepared by the Department for routine 

distribution, i.e., pamphlets, copies 

of speeches, press releases and educational materials, may be made orally or 

in writing and the Department shall 

honor such requests in a reasonably 

prompt and informal manner. (6-10-88) 

ii.	 The Department shall make reasonable effo~ts to assist in the identification 

and description of records sought and 

the formulation of record requests. The 

Department may seek to narrow the scope o 
HAZARDOUS WASTE	 IDAPA l6.0l.S7S0,04.a.ii. 

• 

of broadly stated requests through consultation and agreement with the 

requestor in order to reduce the administrative burden of processing broadly 

stated requests and minimize the fees 

payable by the requestor. (6-10-88) 

iii.	 If the description of the records 

sought by a request is not sufficient 

to reasonably allow the Department to 

identify and locate the requested 

records, the Department shall notify 

the requestor that the request cannot 

be further processed until additional 

information is furnished. (6-10-88) 

• 

b. Initial determination. The Department shall 

respond to requests within a reasonable period 

of . time, but not later than twenty (20) working days after receiving the request, in writing stating which of the requested records 

will, and which will not be available for 

inspection and copying, and the reason for 

denial of any request. Any denial shall 

include notification that an appeal may be 

made in writing within thirty (30) calendar 

days of receipt of the denial. (6-10-88) 

i.	 Any period of time between Department 

notification that the request does not 

reasonably identify the records sought, 

and the date on which the requestor 

responds shall be excluded from the 

twenty (20) working day period. 

(6-10-88) 

ii.	 Any person makin~ a request pertaining 

to a record being considered by the 

Director for certification as confidential business information shall be 

notified that the request cannot be 

further processed until a final decision as to the confidentiality of the 

business record is reached by the 

Director. Any period of time between 

the date of the notice and the final 

decision shall be excluded from the 

twenty (20) working day period. 

(6-10-88) 

iii.	 Any perioo of time between the date of 

• 

notice that prepayment or assurance of 

payment of fees generated by the 

request is required, and the date on 

which payment pr other satisfactory 
HAZARDOUS WASTE	 IDAPA 16.01.5750,04.b.iii. 

arrangement is made shall be excluded 

from the twenty (20) working day 

period.	 (6-10-88) o 

c.	 Administrative appeal. Any person whose 

request has been denied in whole or part by an 

initial determination may appeal that denial 

within thirty (30) calendar days of recelvlng 

the initial determination. The appeal shall be 

made in writing and addressed to the Bureau of 

Hazardous Materials, Division of Environment, 

Department 6f Health and Welfare, 450 West 

State Street, 3rd Floor, Towers Building, 

Boise, Idaho 83720. (6-10-88) 

i.	 The appellant shall be afforded a hearing by the Director and a final decision shall. be made by the Director, in 

accordance with the contested case provisions of the Idaho Administrative 

Procedures Act, Title 67, Chapter 52, 

Idaho Code. (6-10-88) 

(a)	 The hearing and final decision on 

the appeal shall be completed 

within thirty (30) working days of 

the Department's receipt of the 

written appeal unless the parties 

agree otherwise. (6-10-88) 

(b)	 The Director's final decision on 

the appeal or failure to make a 

final decision within the required 

time period shall constitute final 

agency action for the purposes of 

judicial review under the Idaho 

Administrative Procedures Act. In 

the event of judicial review, pursuant to Section 12-117, Idaho 

Code, the court shall award the 

person reasonable attorney fees, 

witness fees and reasonable 

expenses, if the court finds in 

favor of the person and also finds 

that the Department acted without 

a reasonable basis in fact or law. 

(6-10-88) 

05.	 Fees. Fees shall be charged to any person requestrng- records for the cost of both Department 

employee time required to identify, collect, copy, 

certify or mail requested records and other actual 

expenses reasonably incurred by the Department in 

responding to the request. (6-10-88) 

o
 

0 
HAZARDOUS WASTE	 IDAPA l6.0l.5750,05.a. 

• 

a. The Department may require fee payment or satisfactory assurance of fee payment before 

searching for, duplicating or disclosing 

requested records. The Department shall 

promptly notify the requestor by telephone or 

letter of the need to make payment or provide 

assurance of payment. (6-10-88) 

b.	 Any fee may be reduced or waived if: (6-10-88) 

i.	 The cost of seeking and collecting· the 

fee would exceed the amount of the fee; 

or (6-10-88) 

ii.	 The Director determines reduction or 

waiver of the fee would primarily benefit the general public. Requests for 

reductions or waivers of fees may be 

made with any record request or in 

response to a Department request for 

payment or assurance of payment and 

shall include an explanation of the 

benefit to the general public.(6-l0-88) 

• 

0'. Interagency and Intra-agency Disclosures. As necessary, confidential information acquired by the 

Department under the provisions of the Hazardous 

Waste Management Act of 1983, as amended, or these 

regulations, may be transmitted to EPA, the United 

States Department of Transportation, the Idaho 

State Tax Commission, or such other federal or 

state agencies which make an adequate showing of 

need to the Director, provided such transmittal is 

made under a continued restriction of confidentiality. (6-10-88) 

01.5751 -- 01.5799 (RESERVED) 

01.5800, INSPECTION PLAN 

01.	 Freguency Levels. The Department may, as time and 

resources permit, conduct regular inspections of 

persons or entities subject to these rules, their 

records, and property at approximately the following frequency levels based upon potential risk ~o

the public health or environment. (6-10-88) 

a.	 Commercial TSD facilities or sites or offsite 

generator TSD facilities or sites; up to every 

day. (6-~0-88)

•	 

b. Generator onsite TSD facilities or sites--two 

(2) to	 twenty (20) times per year . (6-10-88) 

c.	 Transport vehicles as necessary. (6-10-88) 
RAZARDOOS WASTE	 IDAPA 16.01.5800,01.d. 

d.	 T=ansport faci1i ties o r . sites--two (2) to 0 

twelve .(12) times per year. (6-10-88) 

e.	 Generators-two (2) to twelve (12) times pe':' 

year. (6-10-88) 

01.5850, ILLE~ ACTIONS 

01.	 False Statements or Re~resentation5. Any person who 

maKes a false s:a:emen: or representation in any a~~lication, label, manifest, record, re~ort, oermlt 0= other doc~ent filed, maintained or· used-for 

the purpose of complying with these rules or thE 0 

Act thereby commits a violation. Each false statement or re~resentation constitutes a se~a=ate and 

·distinct vIolation for which civil penalties may be 

imposed. Any person who knowingly makes a false 

statement or representation of the type described 

above is, in addition to civil penalties, subject 

to criminal prosecution for the commission of a 

misdemeanor for each statement or representation. 

(6-10-88) 

02.	 Failure to C=~nlv With The~e Rules, The ~., or 

Ot~er R~~~irements. Any person wno viola:es t~ese

rules, the Ace, or any permit, standard, condition, 

requirement, compliance agreement or order issued 

·pursuant to these rules or the Act thereby commits ro 

a violation. Civil penalties may be imposed for~

each separate violation and for each day of a con-­

tinuing violation. Any person who .knowingly commits~

.;	 a violation of the type described above i 7, . in u 

addition to civil penalties, subject to cr~m~nal~

prose9ution for the commission of a misdemeanor for~

each separate violation and for each day of a continuirig violation. (6-1~-88)

01.5851 01.5899 (RESERVED) o 

01.5900 EXPENDITURES FROM RAZARDOOS WASTE EMERGENCY ACCOUNTS.
 
HAZARDOUS WASTE IDAPA 16.01.5900 

• The Dire~tor may declare a hazardous waste emergency if 

the publlC health, safety or the environment are threatened by a release or threat of release of a hazardous 

waste or a substance which has become a hazardous waste. 

'~

Following a hazardous waste emergency declaration, the 

Department may spend or obligate to be 

hundred thousand dollars ($200,000) from 

spent up to two 

the Hazardous 

Waste Emergency Account and from the Hazardous Waste 

Training, Emergency, and Monitoring Account by appropriation, to obtain equipment and materials, conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat and 

stabilize the situation. The Director may authorize the 

expenditure or obligation of more than two hundred thousand dollars ($200,OOO) from these accounts in any given 

situation upon a finding by the Board that a greater 

expenditure or obligation is prudent 

protect the public health,. safety or 

and necessary 

environment. 

to 

(6-10-88) 

01.5901 -­ 01.5997 (RESERVED) 

01.5998 INCLUSIVE GENDER AND NUMBER. For the purposes of these 

.0' 

" 

01.5999 

rules, words used in the masculine gender include the 

feminine, or vice versa, where appropriate. (6-10~38)

SEVERABILITY. The prov1s1ons of these rules are seVI~rable and if a provision or its appfLcatLon is dec l a red 

invalid for any reason, that declaration will not affect 

the validity of the remaining provisions. (6-10-S8) 

'• .......:·r
 
APPENDIX A o

This ?ppendix displays a numerical listing of the sUbparts with 

assoc1ated. subpart heading' for all materials incorporated " by 

reference	 1n these rules, regulations and standards. 

01. 5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM. 

01.	 General. SUbpart Ai 

02.	 Definitions. SUbpart Bi 

03.	 RUle-making Petitions. SUbpart C. 

01.5005	 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 

01.	 General. SUbpart Ai 

02.	 Criteria for Identifying the Characteristics of 

Hazardous Waste and for Listing Hazardous 

Waste. SUbpart B; 

03.	 Characteristics of Hazardous Waste. Subpart C. 

04.	 Lists of Hazardous Wastes. Subpart D. 

01. 5006	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

01.	 General. SUbpart Ai 

02.	 Manifest. SUbpart Bi 

03.	 

04.	 Recordkeepinq 

Pre-transport Requirements. 

and Reporting. 

Subpart 

Suppart 

Ci 

Di o

05.	 Special Conditions. Subpart Ei 

06.	 Imports of Hazardous Waste. SUbpart Fi 

07.	 Farmers. SUbpart G. 

01. 5007 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS
 

WASTE.
 

01.	 General. SUbpart Ai 

02.	 Compliance with the Manifest System and 

Recordkeepinq. Subpart Bi 

03.	 Hazardous Waste Discharges. SUbpart C. 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE AND DISPOSAL FACILITIES.
 

01.	 General. SUbpart Ai 

02.	 General Facility Standards. SUbpart Bi 

03.	 Preparedness Prevention. SUbpart Ci 

04.	 Contingency Plan and Emergency Procedures. SUbpart Di 

05.	 Manifest System. Recordkeeping. and Reporting. 

SUbpart E; 

06.	 Release from Solid Waste Management Units. SUbpart F; 

07.	 Closure and post-Closure. SUbpart G; 

08.	 Financial Requirements. Subpart H; 

o
 

1
 

I ' 

/UI
 
• 09. 

10. 

11. 

12. 

13. 

14. 

15. 

01.5009 

01. 

02. 

03. 

04. •, 05. '"...., 

06. 

07. 

•, 

08.

10. 

09. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

01.5010 

01. 

02. 

03. 

04. 

05. 

06. 

07. 

01.5011 

• 

Ole 

02. 

03. 

..

---.'. 

Use and Management of containe~s. Subpart I;
 

Tanks. Subpart J;
 

Surface Impoundments. Subpart K;
 

Waste Piles. SUbpart L;
 

Land Treatment. Subpart M;
 

Landfills. Subpart N;
 

Incinerators. SUbpart O.
 

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL 

FACILITIES. 

General. Subpart A; 

General Facility Standards. SUbpart B; 

Preparedness and Prevention. Subpart C; 

Contingency Plan and Emergency Procedures. Subpart D; 

Manifest System, Recordkeeping and Reporting. subpar-t, 

E; 

Ground-Wa~er Monitoring. Subpart F; 

Closure and Post-Closure. SUbpart G; 

Financial Requirements. Subpart H; 

Use and Management of containers. SUbpart Ii 

Tanks. Subpart J; 

Surface Impounds. Subpart K; 

Waste piles. Subpart L; 

Land Treatment. Subpart M; 

Landfills. SUbpart N; 

Incinerators. SUbpart 0; 

Thermal Treatment. Subpart p; 

Chemical, Physical and Biological Treatment. Subpart 

Q. 

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE 

FACILITIES. 

Subpart A. (RESERVED) 

Subpart B. (RESERVED) 

Recyclable Materials Used in a Manner constituting 

Disposal. SUbpart C; 

Hazardous Waste Burned for Energy Recovery. SUbpart D;
 

Used Oil Burned for Energy Recovery. Subpart Ei
 

Recyclable Materials Utilized for Precious Metal
 

Recovery. SUbpart F;
 

Spent Lead Acid Batteries Being Reclaimed. Subpart G.
 

LAND DISPOSAL RESTRICTIONS.
 

General. Subpart A;
 

Schedule for Land Disposal Prohibition and
 

Establishment of Treatment Standards. Subpart B;
 

Prohibitions on Land Disposal. SUbpart C;
 

2 
04. 

05. 

01. 5012 

01. 

02. 

03. 

04. 

05. 

06. 

07. 

01.5013 

01. 

02. 

... "l'." 

Treatment Standards. Subpart D;
 

Prohibitions on Storage. SUbpart E;
 

HAZARDOUS WASTE PERMIT PROGRAM.
 

General Information. SUbpart A;
 

Permit Application. SUbpart B:
 

Permit Conditions. Subpart C;
 

Changes to-Permits. SUbpart D:
 

Expiration and Continuation of Permits. SUbpart E:
 

Special Forms of Permits. Subpart F; 

Interim Status. Subpart G: 

PROCEDURES FOR DECISION-MAKING (STATE 

RCRA OR HWMA PERMIT APPLICATIONS. 

PROCEDURES FOR 

General Program Requirements. Subpart A: 

Specific Procedures Applicable to 

Permits. Subpart B t (RESERVED) 

RCRA or HWMA 

o
 

3 

c